A Cape Coast High Court has struck out an application filed by 23 members of the Cape Coast Metropolitan Assembly (CCMA) seeking to annul the confirmation of Mr Ernest Arthur as the Metropolitan Chief Executive (MCE).
The MCE was jointly sued with the Presiding Member of the Assembly and the Electoral Commission.
The petitioners filed an application on notice praying the court for an interlocutory order to restrain the respondents, their agents, and representatives from holding, conveying and or carrying on a meeting of the CCMA to ratify, approve and or endorse the “illegal” confirmation of the MCE.
The court, presided over by Justice Kwasi Boakye, after striking out the application, ordered the aggrieved Assembly Members to compensate the three respondents with GHC5,000.00 each for the stress and processes they went through.
“I can imagine the inconveniences, trauma and embarrassment the respondents may have suffered as a result of this action,” Justice Boakye said.
“I, therefore, assess the cost at GhC5,000 in favour of each respondent and against the petitioners. For the avoidance of doubt, the petitioners are, hereby, ordered to pay each respondent the cost of GHC5,000″.
Justice Boakye said Article 243(1) of the 1992 Constitution quoted by the petitioners in their application had been repealed and for that it had no legal basis and grounds.
In their application, the petitioners claimed that during the approval and confirmation of the MCE, the conduct of the MCE, Presiding Member, and the Electoral Commission were in material breach of Article 243(1) of the 1992 Constitution and section 20(1) of the Local Governance Law.
The petitioners were praying the court to call for re-nomination of an MCE and to declare the process as flawed.
The election to confirm the MCE was conducted on November 17, 2021 during which some of the Assembly members described the process as a sham.